This week, the Sixth Circuit weighed in on what it identified as an “unusual” case involving the seldom-seen Worker Adjustment and Retraining Notification (WARN) Act. The WARN Act requires employers to provide at least 60 days written notice to affected employees before a mass layoff. The statute defines a mass layoff to include an “employment
Video Interview: Discussing What the Supreme Court’s Same-Sex Marriage Ruling Means for Employers
Same-sex marriage is now legal throughout the United States. Now what? Immediate changes are being made on a federal level including federal IRS tax withholdings and the Family and Medical Leave Act (FMLA) to be sure that same-sex marriages are treated the same as heterosexual marriages.
The biggest change that employers need to be
Somebody Get Me an Intern!—Second Circuit Overturns “Black Swan” FLSA Case
Last week, the Second Circuit Court of Appeals vacated a lower court decision that certain unpaid interns had to be paid for their work in the entertainment industry. The district court had held that Fox Searchlight Pictures misclassified the unpaid interns who worked on the movie, “Black Swan” and should have paid them as employees
DOL’s Proposed FLSA Regs Will More Than Double the Salary Requirement for Overtime Exemption
The Department of Labor issued its long-awaited proposed FLSA salary regulations today and, as many feared, they will have a massive impact on American businesses, more than doubling the salary companies must pay their employees to qualify for exempt status from overtime. The current minimum salary for exemption is $455 per week ($23,660 annually). The
What the Supreme Court’s Same-Sex Marriage Ruling Means for Employers
On Friday, the Supreme Court of the United States issued its long-awaited opinion in the Obergefell case, striking down bans on same-sex marriage as unconstitutional and legalizing same-sex marriage in every state. We posted earlier this year that a federal district court struck down Alabama’s same-sex marriage ban as unconstitutional, after which counties began issuing
The Internship 2: Now Paid? Viacom Pays Record Settlement on Intern Lawsuit
Viacom recently announced a settlement of $7.2 million dollars to end litigation by numerous unpaid interns for the Company’s television networks. In 2013, two former interns sued Viacom claiming that it violated the Fair Labor Standards Act (FLSA) and other state statutes by classifying them as “interns” (who are not paid) instead of actual employees.
Mortgage Loan Officers are Not Exempt Employees per the DOL and the Supreme Court Says that is Okay
The legal ping-pong match between the Department of Labor (DOL) and the Mortgage Bankers Association (MBA) over whether mortgage loan officers are eligible for overtime appears to be at an end. The Supreme Court recently issued its opinion in Perez v. Mortgage Bankers Association, holding that the DOL’s amendment of its interpretive rules to
Video Interview: Discussing the Ramifications of Extending FMLA Rights to Same-Sex Couples
On Tuesday night, the Alabama Supreme Court ordered the state’s probate judges to stop issuing marriage licenses to same-sex couples. Last month, a U.S. federal judge in Alabama ordered an Alabama official to issue marriage licenses to same-sex couples, despite Alabama Chief Justice Roy Moore’s urging to probate judges to ignore the federal ruling.
Alabama’s New “I Do”: Same-Sex Marriage, the FMLA, and Employee Benefit Considerations
Alabama probate judges began issuing marriage licenses and presiding over ceremonies for same-sex couples a few days ago. The landmark occasion follows a recent ruling out of the Southern District of Alabama that struck down the state’s ban on same-sex marriage. On Monday morning, February 9, just before the first “I do’s” were said across
“Hurricane” Servers at Pat O’Brien’s File Suit for Stolen Tips and Unpaid Wages
Bartenders at the popular New Orleans watering hole, Pat O’Brien’s, have sued the bar in federal court claiming that managers regularly took money out of their tip jars, causing them to receive less than the minimum wage. Servers at Pat O’s, like many other restaurants and bars, are typically paid a lower hourly wage,